Opening Arguments - OA278: The Founding Myth (w/guest Andrew Seidel)

Today's episode features a long-form interview with one of our favorite recurring guests, Andrew Seidel of the Freedom From Religion Foundation. He's on to discuss his just-released book, The Founding Myth: Why Christian Nationalism is Un-American.

Because Andrew, Andrew, and Thomas could easily talk for a full hour (and then some)... why, that's exactly what they do. We hold Andrew Seidel's feet to the fire on the threat that Christian Nationalism poses to the U.S. judicial system, including an in-depth discussion of the future of the Establishment Clause. And if you haven't heard of "Project Blitz," you will after this interview. You don't want to miss it!

After all that, it's time for the answer to Thomas (& Andrew) Take the Bar Exam Question #125 on the admissibility of prior bad acts evidence. Can the prosecutor introduce evidence of the "Ol' Switcheroo" on cross-examination? Listen and find out!

The Gist - Decoding the Bliss Gene

On The Gist, groans over Game of Thrones

In the interview, Maria Konnikova is back for another round of “Is That Bullshit?” Because Mike experiences less anxiety than most, he has often wondered if he has higher levels of anandamide—a neurotransmitter associated with regulating anxiety and stress—caused by a specific genetic variation. Maria walks him through the complicated biology, the research, and explains why even if it might be real, Mike’s self-diagnosis is unreliable. 

In the Spiel, Joe Biden's "gaffes."

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The Daily Signal - A Soldier-Turned-Senator Honors America’s Heroes in ‘Sacred Duty’

Before becoming a U.S. senator, Tom Cotton served his country in Iraq and Afghanistan. He earned a Bronze Star and was elected to Congress from Arkansas in 2012. Two years later, he defeated a two-term Democrat incumbent to become a 37-year-old senator. And now, in a new book called “Sacred Duty: A Soldier’s Tour at Arlington National Cemetery,” Cotton tells the remarkable story of The Old Guard and its important role as the Army’s oldest active-duty infantry unit. After returning from his Iraq deployment, Cotton served at Arlington with the Army’s official ceremonial unit. The experience led him to research The Old Guard’s rich history and write “Sacred Duty.” He spoke to The Daily Signal about the book.We also cover these stories:• Tensions between the U.S. and Iran remain high, but President Trump says it's "fake news" that he's considering sending 120,000 troops to Middle East.• Florida Gov. Ron DeSantis announces Russia hacked two of its counties during 2016 election, although he stresses no votes were affected.• Rod Rosenstein dismisses James Comey as a "partisan pundit."The Daily Signal podcast is available on Ricochet, iTunes, SoundCloud, Google Play, or Stitcher. All of our podcasts can be found at DailySignal.com/podcasts. If you like what you hear, please leave a review. Enjoy the show!

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Pod Save America - “Joementum.”

Joe Biden’s frontrunner status changes the dynamic of the Democratic primary, and Donald Trump threatens to abuse his power in order to derail the former Vice President’s candidacy. Then Senator Brian Schatz joins Jon, Jon, Tommy, and Priyanka in studio to talk about impeachment, the Senate, the primary, and take some listener questions. Also – Pod Save America is going on tour! Get your tickets now: crooked.com/events.

SCOTUScast - Nutraceutical Corp. v. Lambert – Post-Decision SCOTUScast

On February 26, 2019, the Supreme Court decided Nutraceutical Corp. v. Lambert, a case considering whether Federal Rule of Civil Procedure 23(f), which imposes a 14-day deadline for appealing from a grant or denial of class-action certification, is subject to equitable tolling.
Troy Lambert filed a class action lawsuit against Nutraceutical Corp., a drug manufacturer, alleging violations of U.S. Food and Drug Administration requirements and various California consumer protection statutes. The district court initially certified the class action, but following reassignment of the case to a new judge and discovery raising concerns about Lambert’s classwide damages model, Nutraceutical moved to decertify the class and the district court granted the motion on February 20, 2015. Under Rule 23(f), Lambert had fourteen days from the date the motion was granted to seek permission in the Court of Appeals to appeal the order.
Lambert indicated on March 2 that he intended to file a motion for reconsideration, but did not do so until March 12, 2015, which fell within a deadline set by the district court but beyond 14-day window specified in Rule 23(f). The district court denied Lambert’s motion, and only then did he seek permission in the U.S. Court of Appeals for the Ninth Circuit to appeal the class decertification. Nutraceutical objected that Lambert’s petition was untimely under Rule 23(f). The Court disagreed, reasoning that Rule 23(f) was non-jurisdictional and the deadline could therefore be equitably tolled given Lambert’s general diligence in following the district court’s instructions. Reaching the merits, the Ninth Circuit then reversed the decertification order on the grounds that the district court had abused its discretion. Nutraceutical successfully petitioned for certiorari.
In an opinion written by Justice Sotomayor, the Supreme Court unanimously reversed the judgment of the Ninth Circuit and remanded the case, holding the Rule 23(f) is not subject to equitable tolling.
To the discuss the case, we have Michael Morley, Assistant Professor of Law at Florida State University College of Law.

The Best One Yet - LIVE from NYSE for Uber’s IPO, Rihanna’s LVMH luxury launch, and how the newest tariffs affect you (they will)

We hit the floor of the New York Stock Exchange to cover Uber’s IPO for you — Here’s  what we saw. For the first time in over 30 years, luxury design powerhouse LVMH is launching its 1st house from scratch: Rihanna’s Fenty. And the next rounds of tariffs will actually start affecting products in your daily life, so we looked at what’s vulnerable. Learn more about your ad choices. Visit podcastchoices.com/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

The Intelligence from The Economist - Spare the Rodrigo: Philippine elections

Personalities, not policies, will determine votes in today’s poll in the Philippines to fill some 18,000 government jobs. Loyalists of the firebrand president Rodrigo Duterte—including his daughter—will do well. Also, why is it that amid a growing need for new antibiotics, the incentives to produce them are fewer? And, a trip to the tiny Greek island of Delos, for an unusual meeting of modern art and protected antiquity.

Runtime: 21min